In re Madison M. CA2/2

Filed 9/2/15 In re Madison M. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

In re MADISON M., a Person Coming B261489 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK06294) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

ALLISON M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Marilyn Kading Martinez, Commissioner. Affirmed.

Christopher Blake, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jeanette Cauble, Deputy County Counsel for Plaintiff and Respondent.

Allison M. (mother) appeals from a juvenile court judgment assuming jurisdiction of her child, Madison M. (born December 2006), placing Madison in the custody of her father and ordering monitored visits for mother.1 Mother challenges the juvenile court’s order restricting her to monitored visits with Madison. We find that the juvenile court did not abuse its discretion by ordering monitored visits in light of mother’s history of drug use. FACTUAL AND PROCEDURAL BACKGROUND The family in this case consists of mother, father and Madison. Mother and father are divorced. At the time of the incidents described below, mother and father were sharing joint custody of Madison. Madison would spend alternate weekends and every Monday morning through Wednesday evening with father. Mother had physical custody at all unspecified times but with a specified schedule for holidays. The family had six prior cases or referrals with the Los Angeles County Department of Children and Family Services (DCFS). Five of the referrals were either evaluated out, deemed inconclusive or deemed unfounded. However, a January 21, 2009 referral alleged that mother abused alcohol and prescription drugs. Mother had been observed to be intoxicated while caring for Madison, and had displayed bizarre behavior when she separated from father. The family agreed to participate in a voluntary family maintenance case, which was closed on June 30, 2009, after father completed the family preservation plan and mother tested negative for drugs. Car accident June 12, 2014, and investigation Mother brought Madison to the emergency room on June 12, 2014, with a broken femur. Mother stated that Madison had been hit by a car. Mother appeared intoxicated, was very drowsy, and kept falling asleep. Mother was unable to explain the circumstances of how Madison was hit by the car. When father arrived at the hospital, the DCFS social worker interviewed him. Father stated that he and mother do not get along, and that one of the reasons he divorced